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Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2642
Experience:  associate attorney
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I will be 66 on May 21, 2016 and plan on filing

Customer Question

I will be 66 on May 21, 2016 and plan on filing for spousal benefits. Should I wait until after my birthday to file?
Submitted: 5 months ago.
Category: Social Security
Expert:  Christopher B, Esq. replied 5 months ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. Understand that normally you cannot file for just the spousal benefits, you get the higher of your normal retirement benefit and the spousal benefit. If you file for one, you have to file for both your normal retirement benefits and the spousal benefit. The one exception is when you file a restricted application. This loophole was closed with the legislation that went into effect on May 1, 2016 but if you were age 62 by December 31, 2015 (you were) you are grandfathered into this loophole. In this case you can elect to receive ONLY your spousal benefit and still let your normal retirement benefit grow from ages 66-70. You will gain an 8% credit per year that you delay taking your benefit (for a total of 32% increase at age 70) while still receiving the spousal benefit. You can only do this if you file after you reach full retirement age although it is recommended that you start the process 3months before you would like to make your election. Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated for my time by the site.
Expert:  Christopher B, Esq. replied 5 months ago.
Just checking back in, do you have any further questions?

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